LAHORE, Oct 17: A Lahore High Court division bench on Monday suspended sentence of seven policemen in the Sialkot lynching case and released them on bail subject to furnishing bail bonds of Rs200,000 each.
An anti-terrorism court of Gujranwala had awarded three-year sentence to petitioners, including former SHO Rana Ilyas, ASI Muhammad Waris, constables Muhammad Akram, Mubarak Ali, Tariq Khan, Naseer Bhatti and Bashir Ahmad.
They were convicted on charges of criminal negligence during the lynching of two brothers -- Mughees and Muneeb. The then Sialkot DPO, Waqar Chohan, was also punished in the case. On the appeal of Chohan, the high court had already suspended his sentence and granted him bail.
Challenging their conviction, the petitioners submitted that in the light of the Supreme Court decision a convict granted less then five-year punishment could be released on bail.
Their counsel argued that they were not present at the spot and the complainant implicated them in the case with mala fide.
The counsel further argued that their co-accused former DPO Waqar Chohan was already released on bail after suspension of his conviction, therefore, they were also entitled to the same relief.
The bench, headed by Chief Justice Ijaz Ahmad Chaudhry, accepted the petitions and suspended their sentence.
Prosecutors case: The Lahore High Court on Monday allowed two-week time to the Punjab prosecution department to implement an earlier court’s order or to secure stay against that order wherein the department was directed to refer cases of 87 prosecutors to the Punjab Public Service Commission for their confirmation.
A law officer filed a reply of the prosecution secretary in response to contempt of court petition by the prosecutors and stated that an intra court appeal against the order was pending adjudication before a division bench of the high court.
He said the department would try to obtain a stay order against the order of the single bench within 15 days otherwise the order will be implemented.
At this, Justice Muhammad Khalid Mehmood Khan adjourned hearing of the contempt petition for two weeks.
Rahat Majeed and other prosecutors filed the contempt of court petition against non-implementation of the single bench order wherein the government was ordered to refer cases of 87 prosecutors (petitioners) to PPSC for scrutinising their suitability and eligibility in the light of merit and transparency held by Supreme Court.
The prosecution department filed an appeal against that order and pleaded that the court had erred in sending their (petitioners) cases to PPSC as these prosecutors did not fall under the ambit of contract policy 2010.
It said the Supreme Court had also held that contractual prosecutors would work as a stop-gap arrangement; however, they could submit new applications for the posts to be filled by PPSC through written examination and interviews. The department requested the court to set aside the order of the single bench.
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